Herrera

It is well established that a trial court has no discretion under Penal Code section 1385 to strike the punishment for a personal firearm use enhancement. (People v. Thomas (1992) 4 Cal.4th 206, 213-214 [ 14 Cal.Rptr.2d 174 , 841 P.2d 159 ].) This principle rests to some extent on the deletion by the Legislature in 1989 of personal firearm use enhancements from the list of “strikable” enhancements set forth in Penal Code section 1170.1, former subdivision (h). Effective January 1, 1998, the Legislature repealed Penal Code section 1170.1, former subdivision (h). In the published portion of this opinion, we address whether the repeal of Penal Code section 1170.1, former subdivision (h) has revested trial courts with discretion to strike the punishment for personal firearm use enhancements. We conclude that it has not. In the unpublished portion of this opinion, we address defendant’s contentions concerning the trial court’s exercise of its discretion by refusing to strike any prior serious felony conviction allegations within the meaning of Penal Code section 1170.12 and the amount of presentence credit to which he is entitled. We modify the judgment and affirm.

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